The Calcutta High Court on Thursday granted anticipatory bail to AJUP leader Humayun Kabir in connection with criminal cases filed over an address delivered in Murshidabad district, ruling that allegations of threatening national sovereignty were not substantiated even on a preliminary basis.
Justice Ajay Kumar Gupta held that custodial interrogation of the political leader was unnecessary. The court also noted that Kabir posed no risk of interfering with the evidentiary material, as the investigating officer had already taken custody of the electronic recording of the speech.
Absence of Prima Facie Case Under BNS Section 152
In the ruling, Justice Gupta observed that the core legal components required under Section 152 of the Bharatiya Nyaya Sanhita (BNS)—which addresses actions that endanger the unity, sovereignty, and integrity of India—were absent on the face of the record.
Counsel representing Kabir argued that multiple provisions of the BNS had been brought against his client, including Section 152, despite the essential legal requirements for that charge remaining unfulfilled. The defense highlighted that, with the exception of Section 152, all other penal sections invoked in the case carry a maximum penalty of five years in prison. The lawyer also informed the court that Kabir had fully cooperated with law enforcement, having responded to summonses and attended questioning on two separate occasions, and requested pre-arrest bail under any conditions mandated by the bench.
State Contends Public Safety Risk
Opposing the petition, state prosecutors submitted that Kabir had used intimidatory language while addressing the gathering, directing threats at public officials and a political party. State counsel argued before the bench that releasing the politician on anticipatory bail would present a danger to the general public as well as the nation.
The legal proceedings originated from a public address Kabir delivered in Murshidabad district in June. Police subsequently registered FIRs against him at both the Saktipur and Rejinagar police stations.
Political Context and Scheduled Bypoll
Kabir founded the AJUP in December following his suspension from the Trinamool Congress (TMC), where he had previously served as an MLA representing Bharatpur in Murshidabad.
In the assembly elections held in April, Kabir contested and secured victories in two Murshidabad constituencies, Nowda and Rejinagar. He later resigned from his Rejinagar seat, where an assembly by-election is slated to take place on October 6.
